Dr Benjamin Hayward

STAFF PROFILE

Position

Lecturer (Commercial)

Faculty

Faculty of Business and Law

Department

BL Law

Campus

Melbourne Burwood Campus

Qualifications

Bachelor of Commerce, Deakin University, 2007
Bachelor of Law(s), Deakin University, 2007
Graduate Certificate of Higher Education, Deakin University, 2011
Doctor of Philosophy, Monash University, 2015

Biography

Dr. Hayward is a Lecturer in the Deakin Law School, and before joining Deakin, worked in private legal practice at a prominent Melbourne law firm in its taxation practice group.  At the Deakin Law School, Dr. Hayward's research work focuses on various commercial law issues - particularly addressing international commercial arbitration and the international sale of goods.  His teaching activities span a number of commercial law and international commercial law units.  Dr. Hayward is admitted to practice as an Australian Lawyer.

Dr. Hayward is the coach of the Deakin Law School's Willem C. Vis International Commercial Arbitration Moot and Vis (East) Moot teams, having been a former student participant in the Vis (East) Moot.  He regularly acts as an arbitrator at both events.  In 2016, Dr. Hayward was nominated as a 'Star Arbitrator' at the 13th Vis (East) Moot in Hong Kong, and in 2014 he led the Deakin Law School team to win the oral rounds of the Vis Moot in Vienna.

Dr. Hayward completed his PhD studies in 2015, with his thesis titled 'Arbitral Discretion in Resolving Conflicts of Laws - The Case for a Bright-Line Closest Connection Test in International Commercial Arbitration'.  Dr. Hayward's thesis has now been published with Oxford University Press, in the Oxford Private International Law Series, as Conflict of Laws and Arbitral Discretion: The Closest Connection Test.

Dr. Hayward's research has been published in leading Australian and international law journals, including in the Sydney Law Review, in the Federal Law Review, in the Journal of International Arbitration, and in the Vindobona Journal of International Commercial Law and Arbitration.  Dr. Hayward has presented his research both internationally and within Australia, at government workshops, at academic conferences, at guest lectures, and at professional events.

Dr. Hayward's research is available to download from Deakin Research Online, as well as from SSRN.

Read more on Benjamin's profile

Research interests

International commercial arbitration

The international sale of goods

Private international law

Australian contract, commercial, sales, and consumer law

Affiliations

Moot Alumni Association

Asia-Pacific Forum for International Arbitration

Young International Arbitration Group (YIAG)

ICDR Young & International

Australian Dispute Resolution Research Network

Copyright Agency

Deakin University Alumni Community

Monash Alumni and Friends

Teaching interests

Australian contract, commercial, sales, and consumer law

International commercial law

Statutory interpretation

The doctrine of precedent

Mooting and other legal skills

Units taught

MLL355 International Litigation and Dispute Settlement (the Vis Moot) (Trimester 1, 2017)

MLL336 International Commercial Law (Trimester 3, 2017)

Professional activities

Invited presenter for a Resolution Institute CPD seminar - 'The Australian Arbitration Framework' (Melbourne, Australia, 20 April 2016)

Invited presenter for a student workshop on international commercial arbitration (recourse against an award for the unsuccessful party) at the Queensland University of Technology (Brisbane, Australia, 12 October 2015)

Invited presenter for a student lecture on international commercial arbitration (the arbitration agreement) at the University of Canberra (Canberra, Australia, 16 September 2015)

Invited speaker at the 6th Annual MAA Peter Schlechtriem CISG Conference - 'Growing the CISG' (Hong Kong SAR, People's Republic of China, 31 March 2014)

Invited speaker at the Workshop on UNCITRAL Texts on E-Commerce and the Sale of Goods - 'Global and Regional Trends, and Perspectives for the Philippines' (Manila, the Philippines, 16 - 17 October 2013)

Publications

Filter by

2017

Conflict of laws and arbitral discretion. The closest connection test

Dr Benjamin Hayward

(2017), Oxford, Eng., A1

book
2016

Prospect, benefits and dangers of expansion of the CISG - the case study of prescription

Dr Benjamin Hayward

(2016), pp. 21-42, Growing the CISG : 6th MAA Schlechtriem CISG conference, The Hague, The Netherlands, B1

chapter

What's in a name? Software, digital products, and the sale of goods

Dr Benjamin Hayward

(2016), Vol. 38, pp. 441-462, Sydney law review, Sydney, N.S.W., C1

journal
2014

Mock partial award in Chinese European Arbitration Centre (CEAC) case no. 20120107 – Mediterraneo exquisite supply co v equatoriana clothing manufacturing ltd.

Dr Benjamin Hayward, Kelsey Ippolito, Mr Ozgur Celik, Ms Nicola Morris, Ella Vines

(2014), Vol. 17, pp. 229-264, Vindobona journal of international commercial law and arbitration, Vienna, Austria, C1

journal
2013

Pro-arbitration policy in the Australian courts: the end of Eisenwerk?

Dr Benjamin Hayward

(2013), Vol. 41, pp. 299-331, Federal law review, Canberra, A. C. T., C1

journal

Tort, cinema and violent crime: An Australian perspective

Dr Benjamin Hayward

(2013), Vol. 38, pp. 255-259, Alternative Law Journal, Melbourne, Vic., C1

journal
2012

Balancing the scales : the standard of reasons required in commercial arbitration and litigation in Australia

Dr Benjamin Hayward, Dr William Ho

(2012), Vol. 78, pp. 314-324, Arbitration, London, Eng., C1

journal
2011

The CISG in Australia : the jigsaw puzzle that doesn't quite fit

Dr Benjamin Hayward, Miss Patricia Perlen

(2011), Vol. 15, pp. 119-156, Vindobona journal of international commercial law and arbitration, Vienna, Austria, C1

journal
2010

Good news for Japanese trade

Mr Troy Keily, Dr Benjamin Hayward

(2010), pp. 48-51, Law institute journal, Melbourne, Vic., C1

journal

Eisenwerk reconsidered (twice)- a case note on Cargill International SA v Peabody Australia Mining Ltd and Wagners Nouvelle Caledonie SARL v Vale Inco Nouvelle Caledonie SAS

Dr Benjamin Hayward

(2010), Vol. 15, pp. 223-244, Deakin law review, Melbourne, Vic., C1

journal

Beyond the separation of powers : judicial review and the regulatory proscription of terrorist organisations

Dr Oscar Roos, Dr Benjamin Hayward, Dr John Morss

(2010), Vol. 35, pp. 81-118, University of Western Australia law review, Crawley, W.A., C1

journal

The CISG in Australia : the jigsaw puzzle missing a piece

Dr Benjamin Hayward

(2010), Vol. 14, pp. 193-222, Vindobona journal of international commercial law and arbitration, Vienna, Austria, C1

journal
2009

New dog, old tricks : solving a conflict of laws problem in CISG arbitrations

Dr Benjamin Hayward

(2009), Vol. 26, pp. 405-436, Journal of international arbitration, Netherlands, C1

journal

Criminal priors & the right to be elected : the salutary tale of Ronald 'Bunna' Walsh

Dr Oscar Roos, Dr Benjamin Hayward

(2009), Vol. 34, pp. 36-40, Alternative law journal, Melbourne, Vic., C1

journal

Grants

No grants found

Supervisions

Data will be available in 2017